A federal judge has ruled that a class action lawsuit against Burger King can proceed, as there is “some” merit to claims that the fast food chain misrepresented the size of its Whopper cheeseburger. U.S. District Judge Roy K. Altman found grounds for the lawsuit, which alleges that Burger King’s advertisements portrayed the Whopper as approximately 35% larger and containing more than double the meat compared to the actual product.
The lawsuit, initiated in 2022 by nineteen customers from thirteen states, includes side-by-side comparisons of the visually appealing burger in advertisements and less impressive customer images. The plaintiffs assert that they were misled by the stark contrast between the advertised and received products, resulting in disappointment.
Burger King attempted to dismiss the case, but Judge Altman stated that the allegations extend beyond mere exaggeration or marketing puffery. In response to the ruling, a Burger King spokesperson called the claims “false,” asserting that the flame-grilled beef patties used in their ads are the same as those served across the U.S.
While the outcome of the lawsuit remains uncertain, it highlights ongoing concerns about fast food advertising practices. Notably, a similar lawsuit against McDonald’s and Wendy’s was dismissed in September, indicating a complex legal landscape surrounding food marketing claims.
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